Transcript

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Constitutionfor the

 Australian Mounted Games Association Inc.

(AMGA) ARBN 127 597 102

 As modeled from theOffice Department of Commerce

Model rules for incorporated associations under the Associations Incorporation Act, 1984  

FT119 September 2003  Amended AGM December 2007 

 Australian Mounted Games Association Inc

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 Additional copiesThis publication was ratified by the Committee of the (AMGA). It was adopted and modified fromthe “Model rules for incorporated associations” of the Department of Fair Trading. More

information pertaining to the “Model” can be viewed from the Publications page of the

Department of Fair Trading Web site at: www.fairtrading.nsw.gov.au For more informationon the AMGA constitution please contact the President or view our web page at

www.australianmga.com 

Copies of this publication can be requested by calling contacting:

 AMGA SecretaryKeri Hartog

P: 0414937497

E: [email protected] W: www.australianmga.com

© Office of Fair Trading

Last revised December 2007

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Contents

Part 1 – Preliminary

1. Definitions 4

Part 2 - Membership

2. Membership qualifications 53. Nomination for membership 54. Cessation of membership 5

5. Membership entitlements not transferable 66. Resignation of membership 6

7. Register of members 6

8. Fees & subscriptions 69. Members’ liabilities 710. Resolution of internal disputes 7

11. Disciplining of members 712. Right of appeal of disciplined member 8

Part 3 – The Committee13. Powers of the committee 914. Constitution and membership 9

15. Election of members 916. Secretary 1017. Treasurer 10

18. Casual vacancies 1019. Removal of member 1120. Meetings and quorum 1121. Delegation by committee to subcommittee 12

22. Voting and decisions 12

Part 4 – General meetings23. Annual General Meetings – holding of 1324. Annual General Meetings – calling of and business at 1325. Special General Meetings – calling of 1326. Notice 1427. Procedure 1428. Presiding member 1529. Adjournment 1530. Making of decisions 1531. Special resolution 15

32. Voting 16

33. Appointment of proxies 16

Part 5 – Miscellaneous34. Insurance 17

35. Funds - source 1736. Funds – management 1737. Alteration of objects and rules 1738. Common seal 1739. Custody of books 17

40. Inspection of books 1741. Service of notices 17

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 AppendicesForm of appointment by proxy

Part 1 – Preliminary

1. Definitions

(1) In these rules:

Commissionermeans the Commissioner of the Office of Fair Trading.

Ordinary Membermeans a non voting member of the committee who is not an office-bearer of the

association, as referred to in rule 14 (2).

Secretarymeans:

(a) the person holding office under these rules as secretary of the association, or

(b) if no such person holds that office – the public officer of the association.

Special General Meetingmeans a general meeting of the association other than an annual general

meeting.

the Act 

means the Associations Incorporation Act 1984 .

the Regulationmeans the Associations Incorporation Regulation 1999 .

(2) In these rules:

(a) a reference to a function includes a reference to a power, authority and duty, & 

(b) a reference to the exercise of a function includes, if the function is a duty, areference to the performance of the duty.

(3) The provisions of the Interpretation Act 1987 apply to and in respect of these rules in the

same manner as those provisions would so apply if these rules were an instrument made underthe Act .

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Part 2 – Membership

2. Membership qualifications

 A person is qualified to be a member of the association if, but only if:

(a) the person is a person referred to in section 15(1) (a), (b) or (c) of the Act andhas not ceased to be a member of the association at any time after incorporation of theassociation under the Act , or

(b) the person is a natural person:

(i)  who has been nominated for membership of the association as providedby rule 3, and

(ii)  who has been approved for membership of the association by thecommittee of the association.

3. Nomination for membership

(1) A nomination of a person for membership of the association:

(a) must be made by a member of the association in writing, and

(b) must be lodged with the secretary of the association.

(2) As soon as practicable after receiving a nomination for membership, the secretarymust refer the nomination to the committee which is to determine whether to approveor to reject the nomination.

(3) As soon as practicable after the committee makes that determination, the secretarymust:

(a) notify the nominee, in writing, that the committee approved or rejected thenomination (whichever is applicable), and

(b) if the committee approved the nomination, request the nominee to pay(within the period of 28 days after receipt by the nominee of the notification) thesum payable under these rules by a member as entrance fee and annual

subscription.

(4) The secretary must, on payment by the nominee of the amounts referred to in clause(3) (b) within the period referred to in that provision, enter the nominee’s name in theregister of members and, on the name being so entered, the nominee becomes amember of the association.

4. Cessation of membership A person ceases to be a member of the association if the person:

(a) dies, or

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(b) resigns membership, or(c) is expelled from the association.

5. Membership entitlements

Not Transferable A right, privilege or obligation which a person has by reason of being a member of theassociation:

(a) is not capable of being transferred or transmitted to another person, and (b) terminates on cessation of the person’s membership.

6. Resignation of membership

(1) A member of the association is not entitled to resign that membership except in

accordance with this rule.

(2) A member of the association who has paid all amounts payable by the member to theassociation in respect of the member’s membership may resign from membership of theassociation by first giving to the secretary written notice of at least one month (or suchother period as the committee may determine) of the member’s intention to resign and,on the expiration of the period of notice, the member ceases to be a member.

(3) If a member of the association ceases to be a member underclause (2), and in every

other case where a member ceases to hold membership, the secretary must make anappropriate entry in the register of members recording the date on which the memberceased to be a member.

7. Register of members

(1) The public officer of the association must establish and maintain a register of members of the association specifying the name and address of each person who is amember of the association together with the date on which the person became a

member.

(2) The register of members must be kept at the principal place of administration of the

association and must be open for inspection, free of charge, by any member of theassociation at any reasonable hour.

(3) A member of the association may obtain a copy of any part of the register on

payment of a fee of $1 for each page copied or, if some other amount is determined bythe committee, that other amount.

8. Fees and subscriptions

(1) A member of the association must, on admission to membership, pay to theassociation a fee of $1 or, if some other amount is determined by the committee, thatother amount.

(2) In addition to any amount payable by the member under clause (1), a member of the

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association must pay to the association an annual membership fee of $2 or, if someother amount is determined by the committee, that other amount:

(a) except as provided by paragraph (b), before 1 July in each calendar year, or

(b) if the member becomes a member on or after 1 July in any calendar year –

on becoming a member and before 1 July in each succeeding calendar year.

9. Members’ liabilities

The liability of a member of the association to contribute towards the payment of the

debts and liabilities of the association or the costs, charges and expenses of the windingup of the association is limited to the amount, if any, unpaid by the member in respect of membership of the association as required by rule 8.

10. Resolution of internal disputes

(1) Disputes between members (in their capacity as members) of the association, anddisputes between members and theassociation, are to be referred to a community justice center for mediation in accordancewith the Community Justice Centres Act 1983 . 

(2) At least 7 days before a mediation session is to commence, the parties are to

exchange statements of the issues that are in dispute between them and supply copies

to the mediator.

11. Disciplining of members

(1) A complaint may be made to the committee by any person that a member of theassociation:

(a) has persistently refused or neglected to comply with a provision or provisionsof 

these rules, or

(b) has persistently and willfully acted in a manner prejudicial to the interests

of the association.

(2) On receiving such a complaint, the committee:

(a) must cause notice of the complaint to be served on the memberconcerned;and

(b)must give the member at least 14 days from the time the notice is servedwithin

which to make submissions to the committee in connection with the

complaint, and

(c) must take into consideration any submissions made by the member inconnection with the complaint.

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(3) The committee may, by resolution, expel the member from the association orsuspend the member from membership of the association if, after considering thecomplaint and any submissions made in connection with the complaint, it is satisfied that

the facts alleged in the complaint have been proved.

(4) If the committee expels or suspends a member, the secretary must, within 7 days

after the action is taken, cause written notice to be given to the member of the actiontaken, of the reasons given by the committee for having taken that action and of themember's right of appeal under rule 12.

(5) The expulsion or suspension does not take effect:

(a) until the expiration of the period within which the member is entitled toappeal against the resolution concerned, or

(b) if within that period the member exercises the right of appeal, unless and

until the association confirms the resolution under rule 12(5), whichever is thelater.

12. Right of appeal of disciplined member

(1) A member may appeal to the association in general meeting against a resolution of the committee under rule 11, within 7 days after notice of the resolution is served on themember, by lodging with the secretary a notice to that effect.

(2) The notice may, but need not, be accompanied by a statement of the grounds onwhich the member intends to rely for the purposes of the appeal.

(3) On receipt of a notice from a member under clause (1), the secretary must notify thecommittee which is to convene a general meeting of the association to be held within 28days after the date on which the secretary received the notice.

(4) At a general meeting of the association convened under clause (3):

(a) no business other than the question of the appeal is to be transacted, and 

(b) the committee and the member must be given the opportunity to state their

respective cases orally or in writing, or both, and

(c) the members present are to vote by secret ballot on the question of whetherthe resolution should be confirmed or revoked.

(5) If at the general meeting the association passes a special resolution in favour of theconfirmation of the resolution, the resolution is confirmed.

Part 3 - The committee

13. Powers of the committee

The committee is to be called the committee of management of the association and,subject to the  Act , the Regulation and these rules and to any resolution passed by the

association in general meeting:

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(a) is to control and manage the affairs of the association, and

(b) may exercise all such functions as may be exercised by the association, other

than those functions that are required by these rules to be exercised by ageneral meeting of members of the association, and

(c) has power to perform all such acts and do all such things as appear to thecommittee to be necessary or desirable for the proper management of the affairsof the association.

14. Constitution and membership

(1) Subject in the case of the first members of the committee to section 21 of the  Act ,the

committee is to consist of:

(a) the office-bearers of the association, and

(b) at least one ordinary member (non voting), from each of the association’saffiliated bodies, notwithstanding that an office-bearer of the association can benominated by the affiliated body as its ordinary member..

(2) The office-bearers of the association are to be:

(a) the president

(b) the treasurer(c) the secretary, and(d) 2 vice presidents elected in accordance with rule 15©

(3) Subject in the case of the first election of office-bearers following the adoption of these rules, each office-holder is to hold office until the conclusion of the second annual

general meeting following the date of the member’s election, but is eligible for re-election.

(4) At the first election of office-bearers following the adoption of these rules, the office-bearerswill be elected until the conclusion of the respective annual general meeting as stated below:

(a)  the president – first annual general meeting

(b)  the treasurer – first annual general meeting

(c)  the second elected vice president – first annual general meeting(d)  the secretary – second annual general meeting

(e) 

the first elected vice president – second annual general meeting

At the first annual general meeting following the adoption of these rules, the position of 

 president, treasurer and second elected vice president will be elected for a period of two years.

(5) In the event of a casual vacancy occurring in the membership of the office-bearers, the

committee may appoint a member of the association to fill the vacancy and the member so

appointed is to hold office, subject to these rules, until the conclusion of the annual general

meeting next following the date of appointment. Such election will be for a period to coincide with

the term of the member that created the vacancy.

(6)  The ordinary members of the committee are to be nominated by their respective affiliated

 body following the annual general meeting of the affiliated body. The ordinary members hold

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office until the conclusion of the annual general meeting of their affiliated body, following the

date of the member’s election.

15. Election of members

(1) Nominations of candidates for election as office-bearers of the association:

(a) must be made in writing, signed by 2 members of the association and

accompanied by the written consent of the candidate (which may be endorsedon the form of the nomination), and

(b)must be delivered to the secretary of the association at least 7 days beforethe date fixed for the holding of the annual general meeting at which the

election is to take place.

(2) The second elected vice president must be a member of a different affiliated body to the firstelected vice president. Notwithstanding that if there are insufficient nominations then the second

vice president can be a member of any affiliated state body and the procedures detailed in clause

(3), (4) and (5) of rule 15 are to be followed.

(3) If insufficient nominations are received to fill all vacancies on the committee, the

candidates nominated are taken to be elected and further nominations are to be receivedat the annual general meeting.

(4) If insufficient further nominations are received, any vacant positions remaining onthe committee are taken to be casual vacancies.

(5) If the number of nominations received is equal to the number of vacancies to be

filled, the persons nominated are taken to be elected.

(6) If the number of nominations received exceeds the number of vacancies to be filled,a ballot is to be held.

(7) The ballot for the election of office-bearers is to be conducted at the annual generalmeeting in such usual and proper manner as the committee may direct.

16. Secretary

(1) The Secretary of the association must, as soon as practicable after being appointedas secretary, lodge notice with the association of his or her address.

(2) It is the duty of the secretary to keep minutes of:

(a) all appointments of office bearers and members of the committee,

(b) the names of members of the committee present at a committee meeting ora general meeting, and(c) all proceedings at committee meetings and general meetings.

(3) Minutes of proceedings at a meeting must be signed by the chairperson of the

meeting or by the chairperson of the next succeeding meeting.

17. Treasurer

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It is the duty of the treasurer of the association to ensure:

(a) that all money due to the association is collected and received and that all

payments authorised by the association are made, and

(b) that correct books and accounts are kept showing the financial affairs of the

association, including full details of all receipts and expenditure connected withthe activities of the association.

18. Casual vacancies

For the purposes of these rules, a casual vacancy in the office of a member of the

committee occurs if the member:

(a) dies, or

(b) ceases to be a member of the association, or

(c) becomes an insolvent under administration within the meaning of theCorporations Act 2001 of the Commonwealth, or(d) resigns office by notice in writing given to the secretary, or

(e) is removed from office under rule 19, or

(f) becomes a mentally incapacitated person, or

(g) is absent without the consent of the committee from all meetings of thecommittee held during a period of 6 months.

19. Removal of member

(1) The association in general meeting may by resolution remove any member of thecommittee from the office of member before the expiration of the member’s term of office and may by resolution appoint another person to hold office until the expiration of 

the term of office of the member so removed.

(2) If a member of the committee to whom a proposed resolution referred to in clause

(1) relates makes representations in writing to the secretary or president (not exceedinga reasonable length) and requests that the representation be notified to the members of the association, the secretary or the president may send a copy of the representations toeach member of the association or, if the representations are not so sent, the member is

entitled to require that the representations be read out at the meeting at which theresolution is considered.

20. Meetings and quorum

(1) The committee must meet at least 3 times in each period of 12 months at such placeand time as the committee may determine.

(2) Additional meetings of the committee may be convened by the president or by anymember of the committee.

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(3) Oral or written notice of a meeting of the committee must be given by the secretaryto each member of the committee at least 48 hours (or such other period as may be

unanimously agreed on by the members of the committee) before the time appointed forthe holding of the meeting.

(4) Notice of a meeting given under clause (3) must specify the general nature of thebusiness to be transacted at the meeting and no business other than that business is tobe transacted at the meeting, except business which the committee members present atthe meeting unanimously agree to treat as urgent business.

(5) Any 3 office-bearers of the committee constitute a quorum for the transaction of the

business of a meeting of the committee.

(6) No business is to be transacted by the committee unless a quorum is present and if,

within half an hour of the time appointed for the meeting, a quorum is not present, the

meeting is to stand adjourned to the same place and at the same hour of the same dayin the following week.

(7) If at the adjourned meeting a quorum is not present within half an hour of the timeappointed for the meeting, the meeting is to be dissolved.

(8) At a meeting of the committee:(a) the president or, in the president’s absence, the secretary is to preside, or

(b) if the president and the secretary are absent or unwilling to act, such one of 

the remaining members of the committee as may be chosen by the memberspresent at the meeting is to preside.

21. Delegation by committee to sub-committee

(1) The committee may, by instrument in writing, delegate to one or moresubcommittees (consisting of such member or members of the association as thecommittee thinks fit) the exercise of such of the functions of the committee as are

specified in the instrument, other than:

(a) this power of delegation, and

(b) a function which is a duty imposed on the committee by the  Act or by anyother law.

(2) A function the exercise of which has been delegated to a sub-committee under thisrule may, while the delegation remains un-revoked, be exercised from time to time bythe sub-committee in accordance with the terms of the delegation.

(3) A delegation under this section may be made subject to such conditions or limitationsas to the exercise of any function, or as to time or circumstances, as may be

specified in the instrument of delegation.

(4) Despite any delegation under this rule, the committee may continue to exercise anyfunction delegated.

(5) Any act or thing done or suffered by a sub-committee acting in the exercise of a

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delegation under this rule has the same force and effect as it would have if it had beendone or suffered by the committee.

(6) The committee may, by instrument in writing, revoke wholly or in part anydelegation under this rule.

(7) A sub-committee may meet and adjourn, as it thinks proper. 

22. Voting and decisions

(1) Questions arising at a meeting of the committee are to be determined by a majority of the

votes of the office-bearers present at the meeting. Questions arising at a meeting of any sub-

committee appointed by the committee in accordance with clause 21, are to be determined by a

majority of votes of members of the sub-committee present at the meeting.

(2) Each member entitled to vote in accordance with clause 22(1) and present at a

meeting of the committee or of any sub-committee appointed by the committee(including the person presiding at the meeting) is entitled to one vote but, in the event of an equality of votes on any question, the person presiding may exercise a second orcasting vote.

(3) Subject to rule 20(5), the committee may act despite any vacancy on the committee.

(4) Any act or thing done or suffered, or purporting to have been done or suffered, bythe committee or by a subcommittee appointed by the committee, is valid andeffectual despite any defect that may afterwards be discovered in the appointmentor qualification of any member of the committee or sub-committee.

Part 4 - General meeting

23. Annual general meetings – holding of 

(1)With the exception of the first annual general meeting of the association, theassociation must, at least once in each calendar year and within the period of 6 months

after the expiration of each financial year of the association, convene an annual generalmeeting of its members.

(2) The association must hold its first annual general meeting:

(a) within the period of 18 months after its incorporation under the Act , and

(b) within the period of 6 months after the expiration of the first financial year of the association.

(3) Clauses (1) and (2) have effect subject to any extension or permission granted by theCommissioner under section 26(3) of the Act .

24. Annual general meetings – calling of and business at

(1) The annual general meeting of the association is, subject to the Act and to rule 23, to

be convened on such date and at such place and time as the committee thinks fit.

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(2) In addition to any other business which may be transacted at an annual generalmeeting, the business of an annual general meeting is to include the following:

(a) to confirm the minutes of the last preceding annual general meeting and of any special general meeting held since that meeting,

(b) to receive from the committee reports on the activities of the associationduring the last preceding financial year,

(c) to elect office-bearers of the association.

(d) to receive and consider the statement which is required to be submitted tomembers under section 26(6) of the Act .

(3) An annual general meeting must be specified as such in the notice convening it.

25. Special general meetings – calling of 

(1) The committee may, whenever it thinks fi t, convene a special general meeting of theassociation.

(2) The committee must, on the requisition in writing of at least 5 per cent of the totalnumber of members, convene a special general meeting of the association.

(3) A requisition of members for a special general meeting:

(a) must state the purpose or purposes of the meeting, and

(b)must be signed by the members making the requisition, and

(c) must be lodged with the secretary, and(d) may consist of several documents in a similar form, each signed by one ormore of the members making the requisition.

(4) If the committee fails to convene a special general meeting to be held within 1month after that date on which a requisition of members for the meeting is lodged with

the secretary, any one or more of the members who made the requisition mayconvene a special general meeting to be held not later than 3 months after that date. 

(5) A special general meeting convened by a member or members as referred to in

clause (4) must be convened as nearly as is practicable in the same manner as generalmeetings are convened by the committee and any member who consequently incursexpenses is entitled to be reimbursed by the association for any expense so incurred.

26. Notice

(1) Except if the nature of the business proposed to be dealt with at a general meetingrequires a special resolution of the association, the secretary must, at least 14 daysbefore the date fixed for the holding of the general meeting, give a notice to eachmember specifying the place, date and time of the meeting and the nature of the

business proposed to be transacted at the meeting.

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(2) If the nature of the business proposed to be dealt with at a general meeting requiresa

special resolution of the association, the secretary must, at least 21 days before the date

fixed for the holding of the general meeting, cause notice to be given to each memberspecifying, in addition to the matter required under clause(1), the intention to propose the resolution as a special resolution.

(3) No business other than that specified in the notice convening a general meeting is tobe transacted at the meeting except, in the case of an annual general meeting, businesswhich may be transacted under rule 24(2).

(4) A member desiring to bring any business before a general meeting may give notice in

writing of that business to the secretary who must include that business in the nextnotice calling a general meeting given after receipt of the notice from the member.

27. Procedure

(1) No item of business is to be transacted at a general meeting unless a quorum of 

members entitled under these rules to vote is present during the time the meeting isconsidering that item.

(2) Five members present in person (being members entitled under these rules to vote ata general meeting) constitute a quorum for the transaction of the business of a generalmeeting.

(3) If within half an hour after the appointed time for the commencement of a generalmeeting a quorum is not present, the meeting:

(a) if convened on the requisition of members, is to be dissolved, and

(b) in any other case, is to stand adjourned to the same day in the following

week at the same time and (unless another place is specified at the time of theadjournment by the person presiding at the meeting or communicated by writtennotice to members given before the day to which the meeting is adjourned) at

the same place.

(4) If at the adjourned meeting a quorum is not present within half an hour after the

timeappointed for the commencement of the meeting, the members present (being at least3) is to constitute a quorum.

28. Presiding member

(1) The president or, in the president’s absence, the secretary, is to preside aschairperson at each general meeting of the association.

(2) If the president and the secretary are absent or unwilling to act, the members

present must elect one of their number to preside as chairperson at the meeting.

29. Adjournment

(1) The chairperson of a general meeting at which a quorum is present may, with theconsent of the majority of members present at the meeting, adjourn the meeting from

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time to time and place to place, but no business is to be transacted at an adjournedmeeting other than the business left unfinished at the meeting at which the adjournmenttook place.

(2) If a general meeting is adjourned for 14 days or more, the secretary must givewritten or oral notice of the adjourned meeting to each member of the association

stating the place, date and time of the meeting and the nature of the business to betransacted at the meeting. 

(3) Except as provided in clauses (1) and (2), notice of an adjournment of a generalmeeting or of the business to be transacted at an adjourned meeting is not required tobe given.

30. Making of decisions

(1)  A question arising at a general meeting of the association is to be determined on a

show of hands and, unless before or on the declaration of the show of hands a poll isdemanded, a declaration by the chairperson that a resolution has, on a show of hands,

been carried or carried unanimously or carried by a particular majority or lost, or an entryto that effect in the minute book of the association, is evidence of the fact without proof of the number or proportion of the votes recorded in favour of or against that resolution.

(2) At a general meeting of the association, a poll may be demanded by the chairpersonor by at least 3 members present in person or by proxy at the meeting.

(3) If a poll is demanded at a general meeting, the poll must be taken;

(a) immediately in the case of a poll which relates to the election of the

chairperson of the meeting or to the question of an adjournment, or

(b) in any other case, in such manner and at such time before the close of the

meeting as the chairperson directs, and the resolution of the poll on the matter istaken to be the resolution of the meeting on that matter.

31. Special resolution

 A resolution of the association is a special resolution:

(a) if it is passed by a majority which comprises at least three-quarters of suchmembers of the association as, being entitled under these rules so to do, vote in

person or by proxy at a general meeting of which at least 21 days’ written noticespecifying the intention to propose the resolution as a special resolution wasgiven in accordance with these rules, or

(b) where it is made to appear to the Commissioner that it is not practicable forthe resolution to be passed in the  manner specified in paragraph (a), if the

resolution is passed in a manner specified by the Commissioner.

32. Voting

(1) On any question arising at a general meeting of the association a member has onevote only.

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(2) All votes must be given personally or by proxy but no member may hold more than5 proxies.

(3) In the case of an equality of votes on a question at a general meeting, thechairperson of the meeting is entitled to exercise a second or casting vote.

(4) A member or proxy is not entitled to vote at any general meeting of the associationunless all money due and payable by the member or proxy to the association has beenpaid, other than the amount of the annual subscription payable in respect of the thencurrent year.

33. Appointment of proxies

(1) Each member is to be entitled to appoint another member as proxy by notice given to

the secretary no later than 24 hours before the time of the meeting in respect of which

the proxy is appointed.

(2) The notice appointing the proxy is to be in the form set out in Appendix 1 to theserules.

Part 5 - Miscellaneous

34. Insurance

The association may effect and maintain insurance.

35. Funds – source

(1) The funds of the association are to be derived from entrance fees and annualsubscriptions of members, donations and, subject to any resolution passed by the

association in general meeting, such other sources as the committee determines.

(2) All money received by the association must be deposited as soon as practicable and

without deduction to the credit of the association’s bank account.

(3) The association must, as soon as practicable after receiving any money, issue an

appropriate receipt. 

36. Funds – management

(1) Subject to any resolution passed by the association in general meeting, the funds of the association are to be used in pursuance of the objects of the association in suchmanner as the committee determines.

(2) All cheques, drafts, bills of exchange, promissory notes and other negotiableinstruments must be signed by any 2 members of the committee or employees of 

the association, being members or employees authorised to do so by the committee.

37. Alteration of objects and rules

The statement of objects and these rules may be altered, rescinded or added to only bya special resolution of the association.

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38. Common seal

(1) The common seal of the association must be kept in the custody of the public officer.

(2) The common seal must not be affixed to any instrument except by the authority of 

thecommittee and the affixing of the common seal must be attested by the signatures eitherof 2 members of the committee or of 1 member of the committee and of the publicofficer or secretary.

39. Custody of books

Except as otherwise provided by these rules, the public officer must keep in his or hercustody or under his or her control all records, books and other documents relating to

the association.

40. Inspection of books

The records, books and other documents of the association must be open to inspection,free of charge, by a member of the association at any reasonable hour.

41. Service of notices

(1) For the purpose of these rules, a notice may be served on or given to a person:(a) by delivering it to the person personally, or

(b) by sending it by pre-paid post to the address of the person, or

(c) by sending it by facsimile transmission or some other form of electronictransmission to an address specified by the person for giving or serving thenotice.

(2) for the purpose of these rules, a notice is taken, unless the contrary is proved, tohave

been given or served:

(a) in the case of a notice given or served personally, on the date on which it isreceived by the addressee, and

(b) in the case of a notice sent by pre-paid post, on the date when it would havebeen delivered in the ordinary course of post, and

(c) in the case of a notice sent by facsimile transmission or some other form of electronic transmission, on the date it was sent, or if the machine from which the

transmission was sent produces a report indicating that the notice was sent on alater date, on that date.

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 Appendix 1

(Rule 3 (1))

Form of Appointment of Proxy

I, ...........................................................................................................................................(full name)

of 

...........................................................................................................................................(address)

being a member of 

....................................................................................................................(name of incorporated association)

hereby appoint..........................................................................................................................(full name of proxy)

of 

...........................................................................................................................................

(address)

being a member of that incorporated association, as my proxy to vote for me on my behalf at the

general meeting of the association (annual general meeting or special general meeting, as thecase

may be) to be held on the................day of..........................and at any adjournment of thatmeeting.(month and year)

* My proxy is authorised to vote in favour of/against (delete as appropriate) the resolution (insertdetails).

* to be inserted if desired.

................................................................................. .............................................Signature of member appointing proxy Date

NOTE: A proxy vote may not be given to a person who is not a member of the association. 

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We the undersigned agree to the adoption of this constitution by the Australian Mounted Games  Association. We agree to conduct all dealings on behalf of the AMGA in good faith and inccordance with the rules outlined in the constitution.

………………………………….signed …………………………………signed

………………………………….date ………………………………….date

……………………………….position ………………………………position

Phil Logue, President AMGA  “Benjamean” Muscle Creek RD Muswellbrook NSW 2333

Phone/Fax: (02) 6543 4438Email: [email protected]

Monique Schaefer, Secretary AMGA 42 Yarralumla Dr, Carlingford NSW 2118

Phone: 0416 185 230Email: [email protected]

John Beale, Treasurer AMGA PO Box 949 Mona Vale NSW 2103

Phone: 0417 215 100Email: [email protected]

www.australianmga.com


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